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EPA wins "relief" skirmish in Ameren Missouri case

On February 27, 2019, Judge Sippel of the U.S. District Court for the Eastern District of Missouri entered an order resolving disputes between the U.S. EPA, Sierra Club and Ameren Missouri over the “relief” phase of the Ameren Missouri PSD enforcement matter. In his ruling, Judge Sippel rejected claims that the court lacks authority to impose injunctive relief for past violations of the Clean Air Act, cannot determine best available control technology (BACT), and cannot order emissions reductions from a non-violating plant. Judge Sippel also found that he could not rule, as a matter of law, the flue gas desulfurization constituted best available control technology.

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